Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15457 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Ram Jatan Yadav, learned counsel for the writ petitioner and Sri Gaurav Singh, learned Standing Counsel for the State. 2. The case of the writ petitioner is that the marriage of father of the writ petitioner Awadhesh Rawat stood solemnized with Smt. Rachna and with the said wedlock, the writ petitioner was born along with one sister. However, father of the writ petitioner, who was Head Constable, expired on 06.06.2024 and during his lifetime, the mother of the writ petitioner Smt. Rachna also expired. However, the father of the writ petitioner again married the fifth respondent. Post death of the father of the writ petitioner, the writ petitioner staked his claim for compassionate appointment and since the request was not acceded to, Writ-A No. 18706 of 2024, Harsh Rawat vs. State of U.P. and others came to be preferred, which was disposed of requiring the Commissioner of Police, Agra to decide the claim. Thereafter now, the S.P. Mainpuri has proceeded to issue a communication dated 01.07.2025 requiring the legal heirs to produce the succession certificate. 3. Grievance of the writ petitioner is that the writ petitioner had applied for succession certificate while instituting Misc. (Succession) Case No.85 of 2025, Master Harsh Rawat and others vs. Rajesh Rawat, which is pending before the Court of Civil Judge (Junior Division), Agra, however, in the meantime, the writ petitioner apprehends that the respondents would proceed in the matter and accord compassionate appointment to the fifth respondent. 4. Sri Gaurav Singh, learned Standing Counsel on the other hand submits that from the perusal of the communication dated 01.07.2025 (Annexure-11 at page-47) it is apparent that succession certificate has been sought. Versus Counsel for Petitioner(s) : Ram Jatan Yadav Counsel for Respondent(s) : C.S.C. Harsh Rawat (Minor) .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
5. I have heard the submissions so made across the Bar and perused the records. 6. Facts are not an issue. It is not in dispute that the succession certificate has been applied and the writ petitioner earlier approached this Court, wherein the writ petitioner was required to prefer a representation.
Once on 01.07.2025, the succession certificate was required from the parties, then it is for the writ petitioner to submit the successions certificate or an order which is passed in his favour. The writ petition in the wake of the facts and circumstances so enumerated and pleaded cannot create a cause of action to approach the Court, particularly when nothing has been done so far. 7. Accordingly the writ petition disposed of leaving it open for the writ petitioner to again approach, if any cause of action arises. October 15, 2025 N.S.Rathour WRIA No. 15457 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad